Louisiana DWI Laws Explained

By Javier Marín, Editor·Last reviewed September 2026·How we check this

Louisiana calls the offense Driving While Intoxicated (DWI) rather than DUI, and codifies it under La. R.S. 14:98. A DWI arrest produces two parallel processes — an administrative OMV suspension under La. R.S. 32:667 and a criminal case in parish court — both moving on separate timelines and both requiring separate responses.

The legal threshold

Adults 21+: 0.08% BAC.
Drivers under 21: 0.02% BAC under Louisiana's zero-tolerance law.
Commercial drivers (CDL): 0.04% BAC.
"Under the influence" charge: Louisiana also charges DWI on impairment evidence below 0.08% — the prosecution must prove the driver was under the influence of alcohol, drugs, or controlled substances, regardless of measured BAC.

Tiered BAC enhancements

Louisiana is one of the more aggressive states in tiering DWI by BAC level:

Standard DWI: 0.08% to 0.149% BAC.
Enhanced DWI: 0.15% to 0.199% BAC — adds 48 hours mandatory jail time on first offense and longer IID requirement.
Aggravated DWI: 0.20% or higher — adds 96 hours mandatory jail time, longer suspension, and a mandatory two-year IID period on first offense.

Administrative suspension

After a DWI arrest where the BAC was 0.08% or higher (or the driver refused chemical testing), the arresting officer typically takes the driver's license on the spot and issues a 30-day temporary driving permit. The administrative suspension takes effect after 30 days unless the driver requests a hearing with the OMV's Administrative Law Judge within 30 days of arrest.

90 days suspension on a first BAC failure (0.08-0.149%).
1 year suspension on a first BAC failure at or above 0.15%.
1 year suspension on a first chemical-test refusal.
Longer for repeat offenders, refusal-plus-prior cases, and crashes with injury.

Drivers can apply immediately for a hardship license with an Ignition Interlock Device after the initial hard-suspension period, which is typically 30 days for first BAC offenses and 90 days for refusal cases.

First-offense criminal penalties

A first DWI in Louisiana is a misdemeanor with the following penalties:

10 days to 6 months in parish jail (often suspended for community service in standard cases).
$300 to $1,000 in base fines, plus court costs and reinstatement fees.
12-month license suspension by criminal conviction.
Mandatory completion of a state-licensed substance abuse program.
Mandatory completion of a driver improvement course.
32 hours of court-approved community service (16 of which must be litter abatement).
Probation up to 2 years.
SR-22 financial responsibility filing for 3 years — see Louisiana car insurance.

Ignition Interlock Devices (IID)

Louisiana requires an IID for the duration of any hardship license issued during a DWI suspension, plus an additional period after reinstatement for enhanced and aggravated offenses:

Standard first DWI: IID for 6 months on the hardship license; not required after reinstatement.
Enhanced first DWI (0.15%+): IID for 12 months including post-reinstatement.
Aggravated first DWI (0.20%+): IID for 24 months including post-reinstatement.
Second DWI: IID for at least 12 months post-reinstatement.
Third or fourth DWI (felony): IID for at least 3 years post-reinstatement.

The driver pays for installation ($75-$150) and monthly monitoring ($60-$100). Failed tests can extend the IID period. The IID provider transmits monitoring data to the OMV monthly.

Aggravating factors

Penalties escalate when:

BAC is 0.15% or higher (enhanced) or 0.20% or higher (aggravated).
A child under 13 is in the vehicle (separate cruelty-to-a-juvenile charge).
An accident with injury or property damage.
A prior DWI within the 10-year lookback window.
Driving on a suspended license at the time of arrest.
Refusing a chemical test.

Repeat DWIs

A second DWI within 10 years adds mandatory minimum jail time (30 days), longer license suspension (4 years), and a mandatory IID. A third DWI within 10 years is a felony punishable by 1-5 years in state prison, $2,000 fine, and vehicle seizure. A fourth DWI within 10 years is a felony punishable by 10-30 years in state prison and lifetime IID. After conviction, drivers should also pull their Louisiana driving record to confirm the disposition was reported correctly and check reinstatement requirements.